Levels Of Decontamination: Courts Favour The Pragmatic Approach

On June 12, 2013, the Québec Superior Court rendered a major decision on environmental liability: Gestion Marc Ménard inc. c. Opérations Pétroles Irving ltée¹ (in French only) (Ménard c. Irving). The decision sheds an interesting light on the criteria that must guide the courts regarding soil remediation, while reaffirming the importance of examining the intended land use in order to rule on the level of decontamination to be achieved.

Summary of the Facts

In 2003, the installations of the defendant, Les Opérations Pétroles Irving ltée (Irving), a petroleum products depot located in Granby, were dismantled. Since an environmental assessment confirmed the presence of contaminated soil, Irving proceeded with the decontamination of the site up to boundary between its land from that of the plaintiff, Gestion Marc Ménard inc. (Ménard). Irving also sent Ménard a notice regarding the presence, at the limit of its property, of contaminated soil at concentrations